High Court of KeralaBail Appl./5838/2015disposed of

Sanil.K.James v. State Of Kerala

2015-10-07Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Bail Appl..No. 5838 of 2015 ------------------------------------- CRIME NO. 175/2015 OF PEECHI POLICE STATION, THRISSUR ------------------- PETITIONER/ACCUSED:

---------------------------------- SANIL.K.JAMES, AGED 35 YEARS, S/O. JAMES K.JOHN, KUTTIKKAL HOUSE, NEDUMANNI KARA, NEDUMKUNNAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT/COMPLAINANT:

------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5838 of 2015 -------------------------------------------- Dated this the 7th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the sole accused in Crime No.175 of 2015 of Peechi Police station registered for the offences punishable under Sec.376 of the Indian Penal Code, Secs.4 and 5(f) read with Sec.6 of the Protection of Children from Sexual Offences Act, 2012 and Sec.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution allegation is that the petitioner sexually exploited and assaulted the victim girl aged 12 years belonging to SC/ST community and thereby committed the aforesaid offences.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application contending that the petitioner is involved in another case. Further, the charge in this case has been submitted on 31.03.2015.

Bail Appl. No.5838 of 2015 2 Reckoning the entire facts and circumstances, I do not find any reason to grant bail to the petitioner as the matter is pending as S.C. No.284 of 2015 on the file of the First Additional Sessions Court, Thrissur. The petitioner is at liberty to move application for bail in that Court. The learned Sessions Judge shall consider the matter on merits in accordance with law.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/07/10/2015 P.A. To Judge